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HomeMy WebLinkAbout03-22-99 Council Meeting MinutesREGULAR MEETING MARCH 22, 1999 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 8, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman, and Sniadecki Absent: Council Member Hosinski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the March 8, 1999, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Aranowski made a motion that the minutes of the March 8, 1999, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2712-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JO ANN HARPER WHO HAS DILIGENTLY SERVED IN THE CITY CLERK'S OFFICE OF SOUTH BEND SINCE 1975 Whereas, the South Bend Common Council acknowledges that Jo Ann Harper left Associates to begin a long and productive career in the City Clerk's Office of the City of South Bend, Indiana, beginning in December 1975; and Whereas, Jo Ann Harper has effectively and very competently served as Chief Deputy Clerk; and as a result has been a key person in assuring the accuracy of the legislative records of the City of South Bend, Indiana; and Whereas, some of her many talents include her skillful, meticulous and vast knowledge of municipal affairs which she has gained through serving under two City Clerks, namely Irene Gammon and Loretta J. Duda, providing assistance to the administrations of five Mayors, namely; Jerry J. Miller, Peter J. Nemeth, Roger O. Parent, Joseph E. Kernan and Stephen J. Luecke; as well as assisting dozens of Common Council Members through the years; and Whereas, the Common Council acknowledges the many contributions which Jo Ann Harper has made as a person through her community and church outreach programs where she spearheads a quarterly dinner for the disadvantaged at the Broadway Christian Parish Church; her ten years involvement with the Arthritis Foundation, her sorority and many professional organizations; and her tireless contributions at the polls on election day; and Whereas, perhaps one of Jo Ann Harper's most positive attributes has been how she has taught others through example, of dealing with cancer and asthma, and how she continues to touch those who battle the many forms of arthritis with her sincere and heartfelt words of inspiration; and 1 REGULAR MEETING MARCH 22, 1999 Whereas, the Common Council THANKS and congratulates Jo Ann Harper for years of dedicated service, her thoughtful suggestions and for being there when we needed her. Now, Therefore, be it Ordained by the Common Council of the City of south Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council thanks Jo Ann Harper for her many years of dedicated service as a career public servant, who has served the citizens well, by working in the City Clerk's Office. Section II. The Common Council wishes Jo Ann the very best in the years ahead, and hopes that she has more time to spend with her grandchildren Christopher and Karyn; to read, to garden, to collect mottographs & antiques, to travel, for church activities, and countless other opportunities. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s/David Varner, Fifth District s /Charlotte Pfeifer, Second District s /Andrew Ujdak, Sixth District s/Roland Kelly, Third District s /Sean Coleman, At Large s /John Broden, Fourth District s /John Hosinski, At Large s/ Rod Sniadecki, At Large ATTEST: s/Loretta Duda, City Clerk s /Stephen J. Luecke, Mayor s/Kathleen Cekanski- Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer read the resolution and presented it to Jo Ann Harper, along with several travel books. Mayor Luecke presented her with a Key to the City. Mike Mather, pastor of Broadway Christian Parish, spoke in favor of this resolution. Council Member Kelly made a motion to adopt this resolution by acclamation, seconded by Council Member Aranowski. The motion carried. RESOLUTION NO. 2713-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE FORMATION OF A "LIVING WAGE STUDY COMMITTEE" Whereas, the City of South Bend contracts with private firms to provide services to the public and to city government; and Whereas, the City of South Bend provides financial incentives, business assistance and funding to private enterprises for the purpose of economic development, job retention and creation, as well as increasing the tax base; and Whereas, the City of South Bend has demonstrated a continuing commitment to fairly compensate and provide benefits for its employees; and Whereas, the City of South Bend promotes the creation of good paying jobs that bolster the welfare and living standards of all the people of South Bend; and Whereas, a group of concerned citizens have expressed hope that a "Living Wage Ordinance" establishing employees compensation and benefits standards for those businesses 2 REGULAR MEETING MARCH 22, 1999 who receive financial assistance from the City of South Bend should be enacted by the South Bend Common Council; and Whereas, the City of South Bend has a history of responsibly and accountably considering issues of great importance with thoughtful consideration, thorough investigation, and public participation in the hope of acting in the best interests of South Bend and its citizens. Now, therefore, be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council hereby resolves to support the formation of a "Living Wage Study Committee: to be appointed by Mayor Stephen J. Luecke. Section II. The Committee shall include but not be limited to citizens from the community representing the St. Joseph Valley Project, organized labor, the Chamber of Commerce, human resource professionals, financial assistance recipients, small business, higher education, social services, and the Common Council. Section III. The Committee's mission will be to make recommendations to the Mayor and the Common Council regarding proposed standards for a "Living Wage Ordinance." Should the Committee deem that a living wage ordinance should be enacted. Section IV. The proposed time frame for making recommendations will be six (6) months from the adoption of this resolution. Section V. The living Wage Study Committee shall report monthly on its activities to the Common Council, through the Council's Community and Economic Development Committee. Section VI. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ATTEST: s/Loretta J. Duda, City Clerk /s/ Sean Coleman Member of the Common Council s /Stephen J. Luecke, Mayor A public hearing was held on the resolution at this time. Council President Coleman made the presentation for the resolution. He advised that the model for the proposed committee was the Casino Gambling Committee. Council Member Varner made a motion to amend Section 3 by adding "Should the Committee deem that a living wage ordinance be enacted." in the third Whereas remove the word "responsibility ", and correct its' to its wherever it appears in the resolution, seconded by Council Member Kelly. The motion carried. Dan Lane, co -chair of the St. Joseph Valley Project, indicated he supported this resolution. Gladys Muhammad, 510 Kaley, indicated was speaking for the Urban League, and they supported a living wage. Marty Wilson, 809 Park Avenue, an economic facility member at Notre Dame, commended the Council for this constructive step. He indicated that a living wage is desperately needed in the City. He advised that the real value of the minimum wage has fallen 38 %, and the productively has increased 52 %, and if the minimum wage had increase to meet the productively the wage would be $11.20. Rebecca Johnson, 1454 Sorin, president of the NAACP, advised that they supported the living wage ordinance. She indicated South Bend has been a society of the working poor. Charlotte Huddleston, 211 S. Michigan, indicated she was a product of the working poor and she supported this proposal. Dave Menzer, co -chair St. Joseph Valley Greens, indicated they endorsed the living wage, since it was essential to the community. Patrick Bannon, 506 N. Lafayette, reported that he had to leave the area to get a poverty level job in Elkhart. He indicates he did not think it should take six months to study the living wage. Mike Mather, pastor of Broadway Christian 3 REGULAR MEETING MARCH 22, 1999 Parish, advised that over the last three years their Sunday community dinners have experienced a 100% increase. He indicated that recently he had asked students from Notre Dame to try and make a healthy menu for three days, from the food that was in our Food Pantry and they could only do two days. He indicated there was a need for a living wage. Sister Clavelle, indicated she was in charge of the food pantry for Little Flower Church. She advised that they have 2,400 family names in their computer and the people can only come once a month. She urged the Council to make the living wage the greater legend of South Bend. Ruby Walker, 711 Haney, a representative of Head Start, indicated she supported the living wage. She advised that a lot of people are working two or three jobs to keep food on the table. She urged the Council to come up with a solution, indicating that if they had to live on minimum wage they could not do it. Rhonda Hughes, Broadway Christian Parish, indicated that their Parish Board supported this effort. Mayor Luecke indicated he welcomed and accept the Council's request to appoint a study committee. He advised that he would welcome recommendations for individuals to serve on this committee. Pete Meyers, 744 Portage, indicated he worked with a counseling program and a lot of children from low income families are abused. Lee Gloster, 2110 S. High, indicated that one of the surest ways to stunt the growth of a child is through nutritional deficiencies. Roger Vogler, 1713 Franklin, indicated that companies that receive a tax abatement, contracts from the City, etc., should pay a living wage. He also indicated that those who work for a living should be able to live off of their wages. Robert Warnock, Jr., president of the Teamsters, commended the Council for this resolution. He indicated that labor supports the living wage. Chuck Mramer, 425 Manchester, indicated that the Council should proceed with caution, because the Council would be tinkering with an economic system of free enterprise. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Ujdak. The motion carried on a roll call vote of eight ayes. Council Member Kelly made a motion to resolve into the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 8:10 p.m. with eight members present. Chairman Pfeifer presiding. BILL NO. 19 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF N. SPRUCE STREET FROM THE SOUTH RIGHT -OF -WAY OF W. COLFAX AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF W. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN COMMISSIONER'S SUB OF BANK OUTLOT 79, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Dea Andrews, South Bend Heritage, made the presentation for the bill. She reported that this is an extension of the work in the 1300 and 1400 block of West Washington. She advised they are building eight homes and they need the alley to be vacated in order to complete the project. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. REGULAR MEETING MARCH 22, 1999 BILL NO. 21-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION AND AUTHORIZING THE USE OF EDIT REVENUES BY THE COMMISSION FOR PAYMENT OF THE RENTALS THEREOF This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Beth Leonard, Economic Development, made the presentation for the bill. She advised that this will allow the financing of the last piece of the Section 108 loan for the downtown revitalization project. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member King. The motion carried. BILL NO. 22-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 (SOUTHFIELD VILLAGE, INC. PROJECT), IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Kelly. The motion carried. Ken Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He reported that Southfield proposes to build a sixty bed nursing facility and sixty -four assisted living units. He advised they will hire seventy -two full -time employees. Council Member King made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 104 -99 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Pfeifer reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Edward Tally, Director of Historic Preservation, made the presentation for the bill. He reported that this bill would provide for the Historic Preservation Commission to amend the normal designation process by placing on the property, site, or structure an interim protection prior to final landmark designation. Jim Voll, 5 REGULAR MEETING MARCH 22, 1999 Area Plan, advised that the Commission sent this to the Council with no recommendation. Council Member Aranowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 20-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM THE SOLID WASTE OPERATIONS FUND (FUND NO. 610) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Sniadecki reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Lew Powell, Director of Public Works made the presentation for the bill. He advised that this appropriation would be used to cover expenses associated with the curbside recycling program. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Kelly made a motion to rise and report to the Council, seconded by Council Member Pfeifer. The motion carried. ATTEST: ATTEST: City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:25 p.m. Council President Coleman presiding and eight members present. BILLS, THIRD READING ORDINANCE NO. 8992 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF N. SPRUCE STREET FROM THE SOUTH RIGHT -OF -WAY OF W. COLFAX AVENUE TO THE NORTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF W. COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN COMMISSIONER'S SUB OF BANK OUTLOT 79, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. I REGULAR MEETING MARCH 22, 1999 ORDINANCE NO. 8993 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION AND AUTHORIZING THE USE OF EDIT REVENUES BY THE COMMISSION FOR PAYMENT OF THE RENTALSTHEREOF This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8994 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 (SOUTHFIELD VILLAGE, INC. PROJECT), IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Council Member Pfeifer made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8995 -99 AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 This bill had third reading. Council Member Kelly made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8996 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $750,000.00 FROM THE SOLID WASTE OPERATIONS FUND (FUND NO. 610) This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of eight ayes. 7 REGULAR MEETING RESOLUTIONS MARCH 22, 1999 BILL NO. 99 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING REISSUANCE OF NOT TO EXCEED $12,920,485.00 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTS AT ST. JOSEPH PROJECT), REISSUANCE OF 1999, SERIES A, B AND C, AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS RELATIVE TO THE PROJECT Council Member Kelly made a motion to strike this resolution, at the request of the petitioner, seconded by Council Member Varner. The motion carried. RESOLUTION NO. 2714-99 RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 RIVERSIDE DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE CO., INC. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 1400 Riverside Drive, and which is more particularly described as follows: Beginning at the southeast corner of the southwest 1/4 of said Section 35, thence south 89 49'52" west (bearing assumed) along the South line of said section, 308.97 feet, thence north 89 55'00" west, 116.24 feet; thence north 00 00'27" west, 12.00 feet to the north line of a 12 foot alley; thence north 89 55'00" west along said north line of alley, 236.61 feet to a point 120.00 feet south 89 55' 00" east of the east line of Kessler Boulevard, 128.00 feet to a point on the south line of King street, 180.00 feet south 89 55' 18" east of the northeast corner of Lot 10 as shown on the second plat of northwest addition to the city of South Bend recorded April 6, 1906 in Plat Book 0, pages 30 and 31; thence south 89 55' 18" east along the south line of King Street, 352.84 feet; thence North 00 00'27" West, 194.85 feet to a point on the centerline of the east and west 14 foot alley between King Street and McCartney Street produced east; thence north 00 06' 09" east, 128.81 feet; thence north 89 46'49" east 287.05 feet to the westerly line of Riverside Drive; thence south 16 37'15" west along a chord subtending said westerly line of Riverside Drive, 455.43 feet to the south line of said section 35; thence north 90 00'00" west along said south line, 156.71 feet to the point of the beginning. Commencing at the southeast corner of the southwest 1/4 of said Section 35, thence north 00 00' 30" west (bearing assumed) along the east line of said southwest 1/4 a distance of 463.14 feet to the point of beginning for the following described tract; thence continuing north 00 00' 30" west along said east line 336.00 feet to the south line of Queen Street; thence south 89 56' 09" west along said south line of Queen Street 176.60 feet; thence north 00 02'36" east 195.00 feet to the centerline of the east and west 14 foot alley between Kinyon Street and Queen Street; thence 8 REGULAR MEETING MARCH 22, 1999 south 89 56' 09 "west along said centerline of alley, 131.27 feet; thence South 00 06'09" west along the east line of Lot 145 in the Third Plot of Northwest addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its northerly and southerly extensions, 195.00 feet to the south line of Queen Street; thence south 89 56'09" west along said south line of Queen Street, 12.93 feet to the east line of Allen Street; thence south 00 05'56" west along said east line of Allen Street, 329.87 feet to the south line of McCartney Street; thence south 89 58'27" east along said south line of McCartney Street, 12.91 feet; thence south 00 06' 09" west 6.11 feet; thence south 00 06' 09" west 6.11 feet; thence north 89 56' 09" east 308.71 feet to the point of beginning. with said real estate having the following Key No. 18-2110-4065 and 18- 2110 -4067, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrance's and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of FIVE (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Gerald Lerman, 1121 E. Woodside, made the presentation for the resolution. He advised that this project relates to an investment in equipment they plan to use on anew project, at a cost of $1,000,000 to $2,000,000. He reported that they plan to add seven new employees. Council Member Ujdak made a motion to adopt this resolution, seconded by Council Member Sniadecki. the resolution was adopted by a roll call vote of eight ayes. D REGULAR MEETING MARCH 22, 1999 RESOLUTION NO. 2715-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3520 WESTMOOR STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AIRCRAFT LANDING SYSTEMS, ALLIEDSIGNAL, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 3520 Westmoor, South Bend, Indiana, and which is more particularly described as follows: NESE 4 37 2E TRACT 2, CONT 39.32 AC and this property has Key Numbers 18- 2193 -7255, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6- 1.1- 12.1 -1, et sea., and South Bend Municipal Code Sections 2 -76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State 10 1 REGULAR MEETING MARCH 22, 1999 of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. John Humphrey, Director of Finance, made the presentation for the resolution. He informed the Council that AlliedSignal, formerly Bendix, has an eighty year history in South Bend, and has an annual payroll of $75,000,000. He advised that they plan to purchase and install new manufacturing equipment and refurbish existing equipment. He reported that the estimated cost of this project will be $45.1 million. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 23-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF ROBINSON STREET FROM THE NORTH RIGHT -OF -WAY OF RANDOLPH STREET TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST/WEST ALLEY NORTH OF RANDOLPH STREET FOR A DISTANCE OF APPROXIMATELY 143 FEET AND A WIDTH OF 7 FEET. LOCATED IN BUNGALOW PLACE SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on April 26, seconded by Council Member Pfeifer. The motion carried. 11 REGULAR MEETING MARCH 22, 1999 BILL NO. 24-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SALARY ORDINANCE FOR NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 1999 This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on April 12, seconded by Council Member King. The motion carried. BILL NO. 25-99 A BILL AMENDING ARTICLE 3 OF CHAPTER 19 OF THE SOUTH BEND MUNICIPAL CODE TO REGULATE MEETINGS, EXHIBITIONS AND OTHER PUBLIC EVENTS IN THE INTEREST OF SAFETY This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel & Finance Committee, and set it for public hearing and third reading on April 12, seconded by Council Member King. The motion carried. BILL NO. 26-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC. NO. 2, 23870 BRICK ROAD, SOUTH BEND, INDIANA This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. UNFINISHED BUSINESS Council Member Kelly made a motion to refer Bill No. 7 -99 to the Zoning and Vacation Committee and set it for public hearing and third reading on April 26, seconded by Council Member Varner. The motion carried. Council Member Kelly made a motion to refer Bill No. 12 -99 to the Zoning and Vacation Committee and set it for public hearing and third reading on April 12, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Ron Milliken, 25301 Adams Road, indicated he has been trying for over ninety days to get some answers regarding the proposed water tower on Adams Road. He also indicated that he had filed a request for some material over thirty days ago and still has not been given the requested information. He advised that he had been told verbally by the Council that some one would get back to him on this problem and no one has gotten back to him. He asked for a written response to his requests. He advised he wanted to know how much the City has already spent on this water tower project. Council Member Sniadecki indicated they planned to have a meeting next week regarding the water tower. 12 1 I l REGULAR MEETING MARCH 22, 1999 ADJOURNMENT There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:55 p.m. ATTEST: City Clerk 13 ATTEST: President LJ 1